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Texas Probate Collections Fees

Each client is charged a $500 retainer at the inception of representation.

Thereafter, each individual unsecured claim is broken into stages reflecting the type of estate administration instituted. These, and their costs (although volume discounts are available), are the following:

Initiate claim and obtain determination of formal allowance or rejection by personal representative
$775

Independent Administrations (unsupervised)

In the event the claim is allowed, assist in evaluation of the collectability if appropriate, maintain communication with the estate and monitor activities as required to obtain prompt payment
$600

In the event of the claim is rejected, assist in evaluation of the collectability of the claim through further adversarial proceedings
$525

Dependent Administrations (court supervised)

In the event the claim is allowed, assist in evaluation of the collectability if appropriate, obtain appropriate court action to require payment of the claim to the extent of available estate assets, and maintain communication with the estate and monitor activities as required to obtain prompt payment
$775

In the event of the claim is rejected, assist in evaluation of the collectability of the claim through further adversarial proceedings, institute and prosecute proceeding for review of disallowance by supervising probate court including hearing on claim, if unsuccessful after hearing, assist in evaluation of proceeding with appeal
$2,225

Total fees in most cases will be $1,375 or less for each individual unsecured claim. All or part of this amount may be recoverable from the estate of the debtor through the claim process under the Texas Probate Code.

Secured claims elected to be treated as matured secured claims at the time the claim is forwarded to the firm are handled on the same fee basis as unsecured claims. Assistance in determining whether such an election should be made is provided on an hourly basis, as is handling of secured claims for which preferred debt and lien status is chosen.

Adversarial Proceedings

Adversarial proceedings may be required after rejection by an Independent Executor, or through appeal of an adverse determination of the probate court in a Dependent Administration. The firm also provides representation for those cases; however, since adversarial proceedings are intrinsically unpredictable, representation in such proceedings is available on an hourly basis, with rates charged by the firm currently ranging from $250 to $395 per attorney hour, plus expenses. A deposit against expected fees and expenses is required. Assistance in evaluation of whether such a course is advisable is included in the fixed fee for the initial stages of such a case, with no additional charges unless a decision is made to go forward with litigation.

Please call us at 214.363.2400 to discuss representation, email Walter, or contact the attorney of your choice regarding your claim.

© 1997-2008 Walter Wm. Hofheinz. Permission available for republication, contact wwh@hofheinzlaw.com.
Last modified March 23, 2010 7:29 am

	Initiate claim and obtain determination of formal allowance or rejection by personal representative	$775
Independent Administrations (unsupervised)
	In the event the claim is allowed, assist in evaluation of the collectability if appropriate, maintain communication with the estate and monitor activities as required to obtain prompt payment	$600
	In the event of the claim is rejected, assist in evaluation of the collectability of the claim through further adversarial proceedings	$525
Dependent Administrations (court supervised)
	In the event the claim is allowed, assist in evaluation of the collectability if appropriate, obtain appropriate court action to require payment of the claim to the extent of available estate assets, and maintain communication with the estate and monitor activities as required to obtain prompt payment	$775
	In the event of the claim is rejected, assist in evaluation of the collectability of the claim through further adversarial proceedings, institute and prosecute proceeding for review of disallowance by supervising probate court including hearing on claim, if unsuccessful after hearing, assist in evaluation of proceeding with appeal	$2,225